Master Kaye has refused an application by the Claimant to revised an approved costs budget under CPR 3.15A. Her lengthy decision provides some useful guidance to parties seeking to vary a costs budget and highlights in stark terms the mandatory requirement to act promptly.
The was an application by the defendant in a business dispute to upwardly revise his costs budget under PD3E s7.6 by reason of various ‘significant developments’ in the litigation including additional costs involved in answering a request for further information and an increase in the number of documents that had been required to review. The application was unsuccessful primarily due to the fact that the increased costs had, it was held, arisen due to the defendant’s own actions in failing to properly clarify his case, despite two court orders to do so. Furthermore, the extent to which his legal team were required to review disclosure documentation was something which should reasonably have been anticipated.
Master Davison approves the majority of a 78% increase in the disclosure phase of the claimant’s costs budget following disclosure “of a scale and complexity that [was] much larger than was actually budgeted for” commenting that “the bar for what constitutes a significant development should not be set too high”
Picken J refuses permission to appeal an order rejecting an application to revise a costs budget under s7.6 PD3E, finding that a doubling in value of the claim did not amount to a significant development
Chief Master Marsh considers an application to revise a defendants’ costs budget under Para 7.6 of Practice Direction 3E (PD3E) in light of seven “significant developments” and examines the practicalities of such an application, in particular the treatment of costs already incurred since the original budget, as well as applications made under Para 7.9 PD3E